(1.) This writ petition is entertained as Public Interest Litigation (PIL) as per the orders of Hon'ble the Chief Justice dated 30/10/2007. Briefly stated, the grievance is about an activity in the shape of an educational institute and a students hostel in residential area. It is alleged that the construction is raised without legal sanction from the competent authority. Respondent No. 5 before this Court is that institute while Respondent No. 4 is the Gram Panchayat which claims to have sanctioned the same under Section 52 of the Bombay Village Panchayat Act,1958, (hereinafter referred to as "the 1958 Act" for short). Respondent no. 6 is the Zilla Parishad which can control/suspend actions/resolutions passed by Gram Panchayat in this respect. At one time it was the stand of authorities that Standardized building bye laws for B and C class municipal councils prescribed under Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act (40 of 1965) needed to be followed (hereinafter referred to as "the 1965 Act" for short). The cognizance of grievance as PIL is also questioned on various grounds and one of the contentions is subsequent amendment to letter treated as PIL by the petitioners, can not be looked into as its part and parcel.
(2.) With this background, we proceed to narrate the facts. (A). 15 petitioners wrote a letter dated 8/10/2007 to the Hon'ble The Chief Justice of this Court by designation as also by name ( then the Hon'ble Chief Justice Shri Swatantra Kumar) as also to the then Administrative Judge at Bombay Shri J.N. Patel (using name also) and to the Administrative Judge at Nagpur. It was received by the office of Hon'ble The Chief Justice on 15/10/2007. Registrar(Judicial-I) at Mumbai on 29-10-2007 placed it with a note before the Hon'ble Chief Justice and sought orders as to -
(3.) Arguments of Shri Kilor, learned Counsel for Petitioners.
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